The Problem with DBAs

One of the raft of measures proposed by the Jackson reforms was the relaxing on rules on contingent agreements, or rather Damages-Based Agreements (DBAs), in contentious business matters. The intention was to lessen the impact of removing the right to recover additional liabilities on an inter partes basis, and was introduced into legislation via S45…

When is a CFA unreasonable?

The Court held in Nadarajah Vilvarajah v West London Law Limited [2017] EWHC B23 (Costs) that the Conditional Fee Agreement entered into between the Claimant and his Solicitor was unreasonable and the Claimant was therefore not liable to pay the costs as claimed by his Solicitor. Indeed the Solicitor’s Bill of Costs was reduced from…

Harrison Judgment Shows the Way Forward

Harrison v University Hospitals Coventry & Warwickshire NHS Trust [2017] EWCA Civ 792 A highly anticipated Judgment which confirms the principles established in Merrix v Heart of England, regarding the relationship between Cost Management and Detailed Assessment Within the Merrix judgment handed down earlier this year (article available here), Justice Carr acknowledged that her decision…

Extended Fixed Costs – One Step Closer

The Rules Committee have published details of the pilot scheme for the extension of fixed recoverable costs. What do we know? It has been a long time coming, but today we are a step closer to a considerably extended fixed costs regime, covering claims worth up to £250,000.00. The Gazette reports that papers from the…

The Consequence of Incorrectly Framing an Offer

The importance of correctly framing offers is highlighted in a recent personal injury matter involving faulty work equipment, dealt with by our Solicitor/Senior Costs Draftsman Christopher Knibb. The claim involved a defective lorry trailer in which the curtain locking mechanism, which should have been welded to the frame, had broken, allowing for the tension bar…